@askhalifaxbank HalifaxCredit Card - Termination of Credit Card Agreement

[Screwedup81]

In summary I received a DN and my CCA was terminated early than specified on the DN. Contested the unlawful termination of the agreement but go no response. Requested a CCA and the reconstituted copy contains the status of the account after the termination as if it was never canceled and it has current due dates and showing incorrect information regarding the balance on the account.

Below is a Step by Step of events

1. Received Default notice notifying agreement to be terminated on a certain date

 

2. CCA terminated early than the specified time on the DN and debt tranferred to DCA.

 

3. Paid the arrears specified on the DN to Halifax though the agreement had already been terminated

 

4. SAR and requested a copy of CCA and received a reconstituted version with a statement showing interest added and arrears due after the CCA was terminated. It cannot be therefore a true copy as some of the information included is after the CCA was terminated.

 

5. Wrote to Halifax regarding CCA copy and unlawful rescssion of the agreement.

 

6 Received statements from my SAR and reclaimed bank charges which I have now received an offer for though they are denying liability

 

6.Received no response regarding the unlawful termination/rescisson but they replied to my CCA letter saying that even if the CCA is uneforceable under Consumer Credit Act it will still be enforceable under contract law.

 

 

 

Now I need help about my position in law regarding and step by step of what I need to do.

Edited November 4, 2009 by Screwedup81

[Screwedup81]

Anyone please help

[hungrybear]

So what they are saying is that they do not have an enforceable agreement?

 

What would they enforce under contract law - they have terminated your contract anyway. And I bet the reconstituted stuff had 'this is an agreement regulated by the CCA' on it. And I think you'll find that if a contract specifies more than 5 payments over more than 12 months then it is a CCA regulated agreement whether it says so or not.

 

It seems, from what you say, that they messed up and they know it. If the default and termination are screwed up then so are they.

 

Cannot see what you need to do right now, the ball's in their court. If you want you can send them an account in dispute under CCA 78(6) letter and remind them that they are legally not entitled to pass the matter to a third party such as another dca until that dispute is resolved.

 

I would wait until the DCA writes then send the dispute letter.

[Screwedup81]

Thanks you hungrybear,I will write to Halifax again telling them they unlawfully terminated agreement and hence this will be unenforceable under contract of law. I will specify that they are not entitle to passing the matter to a third party until the dispute is resolved